Irish judge OKs abortion for girl in state care

SHAWN POGATCHNIK, Associated Press

Published 5:30 am, Thursday, May 10, 2007

DUBLIN, IRELAND — An Irish judge ruled Wednesday that a 17-year-old girl in state care can travel to England to abort her brain-damaged fetus, a case that has reopened debate over whether this predominantly Catholic country should legalize the procedure.

The Dublin teenager, identified in court as "Miss D," is more than four months pregnant with a fetus that doctors said will be born without part of its skull and quickly die.

High Court Justice Liam McKechnie heard arguments in the past week from three sides. The girl and her estranged mother both fought for the abortion. Her legal guardians at the government's Health Service Executive initially opposed her abortion wish but later softened their position, while government attorneys argued for the fetus' right to life.

Ireland has a constitutional ban on abortion, but in 1992 made it legal to receive information about foreign abortion services and to travel for abortions in England, where the practice was legalized in 1967.

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In 1992, the Supreme Court ruled that Ireland should allow abortion in cases where the pregnancy would threaten the woman's life — including when she threatens to commit suicide. Successive governments have refused to pass legislation in line with that judgment.

The girl, who was placed under state care after a drug overdose, discovered she was pregnant while in the hospital.

Her legal team said she was not suicidal but would be deeply distressed if forced to carry the fetus to full term, only to watch it die within days.

Lawyers for the Health Service Executive said the agency was willing to let the girl travel to England, but only if a court approved the move. Otherwise, they argued, the girl's guardians could be considered guilty of a crime.